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Shotty and a hoody found abandoned in Forrest

By johnboy 23 March 2012 28

shotgun

Police are seeking the public’s assistance after a sawn off shotgun was located in Forrest on Wednesday afternoon (March 21).

Detectives from ACT Policing’s Criminal Investigations located the sawn off shotgun in a hedge on Empire Circuit, near the Tennyson Crescent intersection. The shotgun was located next to a blue long sleeve hooded jumper.

Police believe the shotgun and jumper may have been dumped at this location within the last two weeks. The shotgun will now be subject to forensic and ballistic testing.

This is the fourth firearm seized by police since last Friday. During a search warrant executed in Griffith last week, police located a replica pistol and shortened air rifle.

Anyone who may be able to assist police with information surrounding the shotgun or jumper, is urged to contact Crime Stoppers on 1800 333 000, or via www.act.crimestoppers.com.au. Information can be provided anonymously.

[Courtesy ACT Policing]

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Shotty and a hoody found abandoned in Forrest
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p1 11:09 am 26 Mar 12

buzz819 said :

Firearms Act 1996;

6 Meaning of firearm
(1) In this Act:
firearm—

(v) a modified item.

My pant have been modified. And they are an Item. Just sayin.

Tooks 9:28 am 26 Mar 12

Tooks said :

HenryBG said :

This is the fourth firearm seized by police since last Friday. During a search warrant executed in Griffith last week, police located a replica pistol and shortened air rifle.

Since when is a replica pistol or an airgun a “firearm”?

The shotgun will now be subject to … ballistic testing.

Lol. That’s very funny.

An airgun is a firearm and you’re correct about a replica not being a firearm, but the reason for it being labelled a firearm in the Act is pretty obvious.

Oh, and you can do ballistic tests on a shotgun.

Should say ‘an airgun is a firearm under the act’. It, like a replica, is not technically a firearm but the reason for it being in the act is obvious and is common sense, I would’ve thought.

Tooks 9:10 am 26 Mar 12

HenryBG said :

This is the fourth firearm seized by police since last Friday. During a search warrant executed in Griffith last week, police located a replica pistol and shortened air rifle.

Since when is a replica pistol or an airgun a “firearm”?

The shotgun will now be subject to … ballistic testing.

Lol. That’s very funny.

An airgun is a firearm and you’re correct about a replica not being a firearm, but the reason for it being labelled a firearm in the Act is pretty obvious.

Oh, and you can do ballistic tests on a shotgun.

sexynotsmart 8:40 pm 25 Mar 12

HenryBG said :

The shotgun will now be subject to … ballistic testing.

Lol. That’s very funny.

Just nit-picking on the nit-pick… cardtridge toolmark and residue signature analysis.

It’s not only about the projectile.

buzz819 7:19 pm 25 Mar 12

HenryBG said :

Sandman said :

HenryBG said :

Since when is a replica pistol or an airgun a “firearm”?

Since they were defined as being one by the Firearms Act.

In the English language, a firearm is one thing. An airgun is not a firearm. And a replica pistol is yet another thing again. The fact the Act decided to lump airguns in with firearms is probably convenient for law enforcement (which is a good thing), but it shouldn’t give the cops licence to mislead the tax-paying public.

Incidentally – can you find the bit of the Firearms Act which says a “replica” is a “firearm”? Because if it doesn’t fire a projectile (and never could) then it’s neither a firearm nor an airgun and the police should stop subjecting us to their Today-Tonight style exaggerations.

Two areas for you to take in Henry;

Firearms Act 1996;

6 Meaning of firearm
(1) In this Act:
firearm—
(a) means a gun, or other weapon, that is, or at any time was,
capable of propelling a projectile by means of an explosive
force, however caused; and
(b) includes—
(i) a blank fire firearm; and
(ii) an airgun; and
(iii) a paintball marker; and
(iv) something declared to be a firearm under section 31; and
(v) a modified item.

There you, an air gun is a firearm, because it uses explosive force.

7 Meaning of prohibited firearm
(1) In this Act:
prohibited firearm—
(a) means—
(i) a firearm described in schedule 1; and
(ii) a firearm prescribed by regulation; and
(iii) something declared to be a prohibited firearm under
section 31; and
(b) includes a modified firearm.
Note A prohibited firearm includes a prohibited pistol (see sch 1,
items 19 to 21).

Schedule 1 Prohibited firearms

1 a machine gun, submachine gun or other firearm capable of propelling
projectiles in rapid succession during 1 pressure of the trigger

2 a self-loading rim-fire rifle (including such a firearm described elsewhere in this
schedule)

3 a self-loading centre-fire rifle (including such a firearm described elsewhere in
this schedule)

4 a self-loading or pump action shotgun (including a firearm of that kind
described elsewhere in this schedule)

5 a self-loading centre-fire rifle of a kind that is designed or adapted for military
purposes

6 a self-loading shotgun of a kind that is designed or adapted for military purposes

7 a paintball marker that resembles a prohibited firearm

8 a firearm that substantially duplicates in appearance (regardless of calibre or
manner of operation) a firearm referred to in item 1, 5 or 6

9 a firearm (other than a pistol) of the Uberti or Armi-Jager brands, or any similar
firearm fitted with a revolving ammunition cylinder (other than a firearm
manufactured before 1920)

10 a shotgun fitted with or designed to be fitted with a drum magazine of the
‘Striker 12’ assault shotgun type or any similar firearm

11 a firearm to which there is attached any article or device capable of muffling,
reducing or stopping the noise created by firing the firearm

12 a firearm, other than a pistol, fitted with a pistol grip or stock that is specially
designed so as to be readily detachable, or to operate on a swivel, folding or
telescopic basis

13 a firearm made up in the form of a stylographic or propelling pen or pencil,
capable of being used for the discharge of gas, bullets, shot, dye or pyrotechnic
flares

14 a firearm capable of discharging by any means—
(a) any irritant matter in liquid, powder, gas or chemical form; or
(b) any pyrotechnic flare or dye.

15 a firearm that—
(a) substantially duplicates in appearance another article (for example, a
walking stick, walking cane or key ring); and
(b) disguises or conceals the fact that it is a firearm.

16 a cannon or other firearm by whatever name known of a type that—
(a) will expel a projectile by the action of an explosive or other propellant;
and
(b) has a barrel with a bore in excess of 10 gauge or 19.70mm;
other than a firearm of the Very or rocket type designed and intended for use for
lifesaving or distress signalling purposes, an antique muzzle-loading firearm, or
a rifle or shotgun manufactured before 1920

17 a firearm that, or part of which, has a dimension less than the minimum
dimension prescribed for the firearm or part by the regulations

18 an imitation or replica of any firearm (including an imitation or replica pistol,
blank fire pistol, paintball marker, shortened firearm, machine gun or
submachine gun) unless it is of a type approved by the registrar

19 a device known as a ‘powerhead’ that can be attached to the end of a spear gun
and that is designed to propel a projectile by means of an explosive.

20 a pistol of more than 9.65mm calibre
Note A 9.65mm calibre pistol includes a 0.38-inch calibre pistol.

21 a semiautomatic pistol with a barrel length of less than 120mm

22 a revolver or single action pistol with a barrel length of less than 100mm

23 a .50 BMG calibre firearm or a derivative

Number 8 and 18 would be what you are looking at.

A replica is treated that way, because if an offender uses the replica firearm in a way that would incite fear from a victim in such a way that the victim believed that what the offender was holding was in fact a real firearm, as such it is treated as a firearm.

It is the same as the Drug Act, if someone is selling multi-vitamins and saying they are speed, mdma etc, that person will be charged as if they were actually selling the illicit drugs.

Also, ACT Policing is called that as that is the name of the business area in the Australian Federal Police.

bigfeet 6:36 pm 25 Mar 12

HenryBG said :

Incidentally – can you find the bit of the Firearms Act which says a “replica” is a “firearm”? Because if it doesn’t fire a projectile (and never could) then it’s neither a firearm nor an airgun and the police should stop subjecting us to their Today-Tonight style exaggerations.

A replica is a ‘prohibited firearm’ by virtue of Section 7 of the act, read in conjunction with Schedule 1, Item 18 of the same Act.

By why do you care? You are too rich to participate in the legal system anyway.

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